Licenses.

Wait... How can I use these images?

In short, if you're a individual designer or blogger you should be able to use our photos however you like (please check our detailed license restrictions here). If you're a company running a large campaign or specific promotion, you may need to purchase an extended license. 

Our overall aim is to provide professional quality images at a fair price. That means we actively want you to be able to use our photos for your own projects, but we also want to make sure our photographers get a fair price. There are certain circumstances where it would not be fair to purchase one of our images without paying an extended license fee.

So that's why we have two licenses. Please read on to go through our standard license and if you have any questions please contact us.

Thanks for your support.

The IMG Wild Team

1. What types of licenses does IMG Wild offer?

IMG Wild offers two types of licenses: standard and extended. Every file downloaded from IMG Wild comes with a standard license. An extended license gives you additional rights in exchange for an additional license fee. Unless you purchase an extended license, your use of content is subject to the standard license terms.

For information about how to obtain an extended license, please send an email to dave@imgwild.com

You are welcome to use watermarked content from the IMG Wild site on a complimentary basis for test or sample (comp) use only. Watermarked content cannot be used in any final materials or any publicly available materials and may only be used for the 30 days following download.

2. How can I use licensed content?

You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by IMG Wild are:

Perpetual, meaning there is no expiration or end date on your rights to use the content.

Non-exclusive, meaning that you do not have exclusive rights to use the content. IMG Wild can license the same content to other customers.

Unlimited, meaning you can use the content in an unlimited number of projects.

For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

Examples of how you can use licensed content include: websites; blog posts; social media; small scale advertisements & marketing campaigns; corporate presentations; small scale magazines; web and mobile applications.

Please make sure you read the Restricted Uses section below for exceptions.

f) Extended licenses are only available for purchase by contacting dave@imgwild.com on an individual basis. We welcome the purchase of extended licenses where appropriate, but must have the following restrictions on our Standard license as protection for our photographers.

g) No Products for Resale. Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), CDs, DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes "on demand" products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com)

h) No Electronic Templates. Unless you purchase an extended license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).

i) No Photo Location Promotion or Advertising.  Unless you purchase an extended license, you may not use an image in connection with promoting the location, or similar looking locations to the one that the image depicts. For example, a travel agent, tourist board or any individual or company promoting a specific area, tours, hotels, and travel destinations may not use the image.

j) Large Format Printing and Campaigns. Unless you purchase an extended license, you may not print or display an image on a large format or physical locations visible to a large number of people, for example, Billboards, Airports, Bus Shelters, Store Windows, In Store Displays or use in any large-scale advertising campaigns.

k) Limited print run. Unless you purchase an extended license, you may not reproduce the content more than 50,000 times in physical print form. This restriction does not apply to electronic reproduction.

Restriction:    Print run
Standard License:       50,000
Extended License:      Unlimited

4. Who, besides me, can use the licensed content?

The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:

Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.

Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.

Please note that seat/user restrictions apply. You may only use the content with appropriate amount of users, as explained in Section 5 below.

5. Are there any seat/user license restrictions?

Yes. The standard license or subscription is for a single user. The seat/user restrictions refer to the raw image of content, not the end project or use.

6. Intellectual property rights.

Who owns the content?

• All of the licensed content is owned by either IMG Wild or the artists who supply the content. All rights not expressly granted in this agreement are reserved by IMG Wild and the content suppliers.

Attribution.

• Do I need to include a photo credit? You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content – “Dave Valler – www.imgwild.com”

7. Termination/Cancellation/Withdrawal.

a) Termination.

• This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. IMG Wild may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to IMG Wild in writing that you have complied with these requirements.
•  Social Media Termination. If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.

b) Refunds/Cancellation.

• Image Download Refunds - IMG Wild does not offer refunds or re-credits for downloaded images. Image returns will only be considered based on technical issues with the image at the sole discretion of IMG Wild.
• All requests for refunds/cancellations must be made in writing. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.

c) Content Withdrawal

IMG Wild may discontinue licensing any item of content at any time in its sole discretion. Upon notice from IMG Wild, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which IMG Wild may be liable, IMG Wild may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. IMG Wild will provide you with replacement content (determined by IMG Wild in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.

8. Representations and Warranties.

IMG Wild makes the following representations and warranties:

a) Warranty of Non-Infringement. Except with respect to content identified as "editorial use only," your use of the content in accordance with this agreement and in the form delivered by IMG Wild will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained.

b) "Editorial Use Only" Warranty Disclaimer. For content identified as "editorial use only," IMG Wild warrants that the content will not infringe on any copyright or moral right of the artist, but it does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as "editorial use only," and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as "editorial use only," and that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release.

c) Caption/Metadata Disclaimer. While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, IMG Wild does not warrant the accuracy of such information, or of any metadata provided with the content.

d) No Other Warranties. Except as provided in the "warranty of non-infringement" section above, the content is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. IMG Wild does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.

9. Indemnification/Limitation of Liability.

a) Indemnification of IMG Wild by you. You agree to defend, indemnify and hold harmless IMG Wild and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.

b) Limitation of Liability. IMG WILD WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF IMG WILD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.

10. General Provisions.

a) Assignment. This agreement is personal to you and is not assignable by you without IMG Wild's prior written consent. IMG Wild may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.

b) Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide to IMG Wild sample copies of projects or end uses that contain licensed content, including by providing IMG Wild with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, IMG Wild may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to IMG Wild of five percent (5%) or more of the amount you should have paid, then in addition to paying IMG Wild the amount of the underpayment, you also agree to reimburse IMG Wild for the costs of conducting the audit. Where IMG Wild reasonably believes that content is being used outside of the scope of the license granted under this agreement, you agree, at IMG Wild's request, to provide a certificate of compliance signed by an officer of your company, in a form to be approved by IMG Wild.

c) Electronic storage. You agree to retain the content's identification name and any other information that may be embedded in the electronic image containing the original content, and to maintain appropriate security to protect the content from unauthorised use by third parties. You may make one (2) copies of the content for back-up purposes.

d) This licence is governed by the laws of the jurisdiction in which the Information Provider has its principal place of business, unless otherwise specified by the Information Provider.

e) Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.

f) Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.

g) Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by IMG Wild and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.

h) Notice. All notices required to be sent to IMG Wild under this agreement should be sent via email to dave@imgwild.com. All notices to you will be sent via email to the email set out in your account.

i) Licensing Entity. The licensing entity under this agreement is determined based on your billing address and shall be as set out on your invoice.